22 FLRA No. 6
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1546
Union
and
SHARPE ARMY DEPOT
Activity
Case No. 0-AR-1110
DECISION
I. STATEMENT OF THE CASE
This matter is before the Authority on an exception to the award of
Arbitrator Jean Wilcox filed by the Union pursuant to section 7122(a) of
the Federal Service Labor-Management Relations Statute and part 2425 of
the Authority's Rules and Regulations.
II. BACKGROUND AND ARBITRATOR'S AWARD
A grievance over the removal of the grievant was submitted to
arbitration at which a preliminary issue as presented of whether the
grievance initiated by the Union directly with Commander of the Activity
complied with the requirements of the parties' negotiated grievance
procedure. The Arbitrator determined that the grievance in this case
was not the type of grievance properly filed directly with the Commander
and that consequently the Union had failed to comply with the
requirements of the parties' negotiated grievance procedure in filing
the grievance. Accordingly, the Arbitrator ruled that the grievance was
not arbitratable and that the merits of the grievance would not be
considered.
III. EXCEPTION
The Union contends that the award is deficient because it is
incomplete, ambiguous, and contradictory so as to make implementation
impossible.
IV. ANALYSIS AND CONCLUSIONS
With respect to the Union's contention, e Authority has advised that
to find an award deficient on this basis, there must be a showing that
the award is ambiguous or contradictory, or that implementation is
impossible, because of the award being unclear in its meaning and effect
or because of the award being too uncertain in its effect to be
sustained. Veterans Administration Hospital, Newington, Connecticut and
National Association of Government Employees,Local R1-109, 5 FLRA 64
(1981). In this case the Union fails to establish that the Arbitrator's
finding the grievance nonarbitrable and refusing to consider the merits
is in any manner unclear in its meaning and effect or too uncertain in
its effect to be sustained. Instead, this exception constitutes nothing
more than disagreement with the Arbitrator's determination that there
had not been compliance with the procedural requirements of the
negotiated grievance procedure of the parties' collective bargaining
agreement. In this respect, the Authority has consistently and
repeatedly held that such questions are for resolution by the arbitrator
and are not subject to review or challenge before the Authority.
Headquarters, Fort Sam Houston, Department of the Army and Local 2154,
American Federation of Government Employees, AFL-CIO, 15 FLRA 974
(1984). Consequently, the Union's exception pfovides no basis for
finding the award deficient.
V. DECISION
For these reasons the Union's exception is denied. /*/
Issued, Washington, D.C., June 4, 1986.
/s/ Jerry L. Calhoun, Chairman
/s/ Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
--------------- FOOTNOTES$ ---------------
/*/ Although the issue has not been raised by the parties, the
Authority confirms its jurisdiction to resolve the Union's exception.
Because the Arbitrator's award pertained solely to the question of
whether the grievance in this case was filed in accordance with the
terms of the parties' agreement, it is not apparent that the award
relates to a removal action within the meaning of section 7121(f) and
section 7122(a) of the Statute. Naval Ordnance Station, Louisville,
Kentucky and Lodge No. 830, International Association of Machinists and
Aerospace Workers, 11 FLRA 19, 20 n.3 (1983).